Re: Copyright curiousity
by "Mike Kear" <choicemag(at)hotmail.com>
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Date: |
Thu, 23 Mar 2000 13:01:30 EST |
To: |
benrusso(at)idirect.ca, hwg-techniques(at)hwg.org |
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todo: View
Thread,
Original
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The copyright symbol does nothing at all, except tell people that you know
about copyright. There is no need to register anything in order to have
copyright.
note this well, people: WHEN YOU WRITE SOMETHING, IT IS COPYRIGHT
AUTOMATICALLY. Just the mere fact of your uttering something (either by
drawing, writing, speaking it) makes it copyright.
Of course, then you have to be able to defend your claim that you wrote
something before that other person did. That's why there are systems to
register copyright. It doesnt GRANT you a right, only DOCUMENTS the already
existing right.
Therefore .... unless you are an employee of the company, the right to the
site is yours. But you should always have it in your agreement when you go
ahead on a site who will retain the rights. Since it's your creative work
(and assuming you're not an employee with this) it's your copyright and you
can sell it to the client or not as your choice.
But there will almost certainly be tears before bedtime if you haven't got
it all spelled out before you start. Make sure you agree. And make sure
you agree on exactly what it is you're selling .... a license? the right to
the content only and not the structure? the look and feel? the perl
programs?
Here's what I do ......
The client normally does the writing of content, and give me the logos,
photographs etc, so that's his anyway. So I state in my letter of offer or
agreement or whatever, that the copyright on the text and graphic content
will be the client's - and any alterations or new graphics generated
specifically for him on an indefinite license included in the design fee.
And graphic content bought or licensed from a third party will be licensed
as per the owner's conditions. But the rights to the structure and the
background programming remain with me and the client has an indefinite
license as long as they continue to use the site and I am maintaining the
site. (So if they get someone else to do the site, those parts revert to me
and they have to write their own scripts etc)
This approach means I have some proprietary interest in the site. They
can't just get someone else to take over the site without doing any work on
it. And I can re-use my work on other sites without problems. Naturally,
I wouldn't reuse the graphics anyway, so it doesnt matter that I dont have
the rights to them. (I develop original graphics for each site always).
Hope this helps you.
Cheers,
Mike Kear
AFP Web Development
Windsor, NSW, Australia
http://www.afp.zip.com.au
>
>Hello!
>This is not html related, but I've noticed a lot of people are
>professionals
>and know the business, so what the heck...
>When you finish a clients web design project, what do you do about
>copyrighting? On my page I currently have that small print copyright
>notice, but is it right to put it on the client's site? I hope you get
>what
>I'm trying to say, because the way I just said it makes me look stupid...
>: )
>
>Thanks in advance
>Ben
>
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